Document type
Proposed Law
Country
(1) This Bill contained key provisions on intermediary liability which finally were not integrated into the Information and Communication Act of 2009 and was partially inspired by the EU Commerce Directive.
(2) It provided for ‘safe harbours’ limiting civil and criminal liability for service providers in respect of third parties where they acted as mere conduits, when hosting, with respect of caching processes, and where they used information location tools.
(3) Further, it provided for a notice and take-down procedure for addressing complaints of infringement of rights, while also granting service providers immunity for any actions taken once notified of the infringing activity.
(4) Clause 27 stated that service providers were not under any general obligation to monitor data transmitted or stored or to actively seek facts or circumstances which were indicative of unlawful activity, although they were required to monitorand report unlawful activity once they were aware.
(5) However, the limitation on liability proposed under the bill did not extend to obligations such as those founded on contract, those imposed by law or court processes, and those based on common law or statute.
Country
Year
2007
Topic, claim, or defense
E-Commerce
Document type
Proposed Law
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Host (Including Social Networks)
Internet Access Provider (Including Mobile)
Cache Provider
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)